All wetland banks and some project-specific wetland replacement (preservation projects, exceptional natural resource value projects) require a conservation easement to be recorded on the property where the project is located. The conservation easement is required to be made in favor of the state in a form provided by BWSR. The easement associated with wetland replacement is different from conservation easements for other BWSR programs such as Reinvest in Minnesota or "RIM".
The easement acquisition process requires a legal survey and issuance of title insurance. This page contains background information on the easement process, specific step-by-step instructions and the required forms and fees. Wetland bank plan applicants typically initiate the easement acquisition process after they have received approval of their wetland bank plan. However, applicants can initiate the process prior to receiving approval, but they do so at their own risk and BWSR will not complete the acquisition process until a mitigation plan has been approved by the local government unit.
A wetland easement flowage agreement between adjacent landowners is sometimes required to implement a wetland bank project. BWSR provides an approved template for use in such agreements. It is important that these agreements be reviewed by BWSR during the easement acquisition process prior to their execution.
If there has been a change of ownership of any property with a BWSR conservation easement on it, we request the completion and submission of the following form.
BWSR maintains an interactive map of all wetland bank easements here Interactive Map of Wetland Bank Easements. The following zip file is a geodatabase of wetland mitigation easement boundaries.
BWSR provides the following guide for landowners who have conservation easements on their property.